10 U.S.C. § 8453 — Midshipmen: appointment

Page 3260 TITLE 10—ARMED FORCES § 8452 § 8452. Civilian teachers: number; compensation (a) The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the Naval Academy as he considers necessary. (b) The compensation of persons employed under this section is as prescribed by the Sec- retary. (c) The Secretary of the Navy may, notwith- standing the provisions of subchapter V of chap- ter 55 of title 5 or section 6101 of such title, pre- scribe for persons employed under this section the following: (1) The work schedule, including hours of work and tours of duty, set forth with such specificity and other characteristics as the Secretary determines appropriate. (2) Any premium pay or compensatory time off for hours of work or tours of duty in excess of the regularly scheduled hours or tours of duty. (d) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations. (Aug. 10, 1956, ch. 1041, 70A Stat. 428, § 6952; Pub. L. 106–65, div. A, title XI, § 1107(b), Oct. 5, 1999, 113 Stat. 778; renumbered § 8452, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6952 ......... 34 U.S.C. 1071 (as applica- ble to Naval Academy). Aug. 2, 1946, ch. 756, § 7(a) (as applicable to Naval Academy), 60 Stat. 854. 5 U.S.C. 412a. Aug. 2, 1946, ch. 756, § 39, 60 Stat. 858. The words ‘‘for the proper instruction of naval per- sonnel’’ and the words ‘‘be paid out of naval appropria- tions’’ are omitted as surplusage. In subsection (c) the words ‘‘except the authority to prescribe regulations’’ are omitted, since 34 U.S.C. 1071 contains no authority for the Secretary of the Navy to prescribe regulations for the administration of that section. Editorial Notes PRIOR PROVISIONS A prior section 8452, added Pub. L. 85–861, § 1(180)(E), Sept. 2, 1958, 72 Stat. 1532, provided that, notwith- standing any other provision of law, a medical or den- tal officer may be promoted to temporary grade of cap- tain at any time after first anniversary of date upon which he graduated from a medical, osteopathic, or dental school, prior to repeal by Pub. L. 96–513, title II, § 207, Dec. 12, 1980, 94 Stat. 2884, effective Sept. 15, 1981. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6952 of this title as this section. 1999—Subsecs. (c), (d). Pub. L. 106–65 added subsec. (c) and redesignated former subsec. (c) as (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8453. Midshipmen: appointment Midshipmen at the Naval Academy shall be appointed by the President alone. An appoint- ment is conditional until the midshipman is ad- mitted. (Aug. 10, 1956, ch. 1041, 70A Stat. 429, § 6953; Pub. L. 97–60, title II, § 203(b)(1), Oct. 14, 1981, 95 Stat. 1006; renumbered § 8453, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES This section is included in this chapter without spe- cific reference to statutory source to resolve the ambi- guities and conflicts existing in the statutes relating to the appointment of midshipmen at the Naval Academy. The word ‘‘appoint’’ has been used in various statutes when the intent of Congress was to provide authority in the persons named to ‘‘choose,’’ ‘‘select,’’ or ‘‘nomi- nate’’ for the office of midshipman. These statutes have been collected and codified in § 6954 of this title, which reflects the various sources of nominees for ‘‘appoint- ment’’ as midshipmen and the persons who may so ‘‘nominate’’ them. The actual appointing power resides in the President and this implied authority is herein expressed for clarity and for the purpose of uniformity of expression. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6953 of this title as this section. 1981—Pub. L. 97–60 inserted provision that an appoint- ment is conditional until the midshipman is admitted. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–60 effective with respect to nominations for appointment to the first class admit- ted to each Academy after Oct. 14, 1981, see section 203(d) of Pub. L. 97–60, set out as an Effective Date note under section 7441a of this title. § 8454. Midshipmen: number (a) The authorized strength of the Brigade of Midshipmen (determined for any year as of the day before the last day of the academic year) is 4,400 or such lower number as may be prescribed by the Secretary of the Navy under subsection (h). Subject to that limitation, midshipmen are selected as follows: (1) 65 selected in order of merit as estab- lished by competitive examination from the children of members of the armed forces who were killed in action or died of, or have a serv- ice-connected disability rated at not less than 100 per centum resulting from, wounds or inju- ries received or diseases contracted in, or pre- existing injury or disease aggravated by, ac- tive service, children of members who are in a ‘‘missing status’’ as defined in section 551(2) of